The judge ruled the defense attorney failed to research the subject of the infant injuries, did not provide medical experts on his client's behalf and did not cross-examine the state's medical witnesses, county district court records show.

In April 2002, the 9th U.S.

Circuit Court of Appeals in San Francisco upheld the district judge's ruling.

During DeBarge's first trial, the state argued the infant died from extensive skull fractures while in DeBarge's care.

The defense attorney for DeBarge argued the infant fell from a highchair.

Medical experts testified for the state that the death was not accidental and that the injuries were not caused by a fall from the highchair.

The jury found DeBarge guilty and he was sentenced to life in prison with the possibility of parole in 35 years for the murder conviction and a concurrent sentence of 22 years in prison for the child abuse charge, records show.